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HomeMy WebLinkAbout9.a. Approval of Private Streets Acceptance Policy EXECUTIVE SUMMARY City CouncilMeeting:May 3, 2016 AGENDA ITEM:Approval of Private StreetsAcceptance AGENDA SECTION: PolicyNew Business PREPARED BY:Kim Lindquist, Community Development AGENDA NO. 9.a. Director, Patrick Wrase, City Engineer ATTACHMENTS:Draft Policy, April 11, 2016 Work Session Packet and Minutes, October 20, 2015 Work Session Packet APPROVED BY: ddj and Minutes, City Attorney Information RECOMMENDED ACTION: Motion to Adopt Policy Relating to AcceptingPrivate Streets into the City Street System SUMMARY For some time, the Council has discussed whether under certain circumstances it would be acceptable to take over private roads. The discussion was precipitated by the Westport neighborhood which is a single family development carved out of the original small lot, detached townhouse Crosscroft neighborhood. Upon discussion with the Council, staff provided a draft policy suggesting when the City would consider taking over private roads as public. The intent is to identify under what circumstances the City would consider taking over the roads, without adversely subjecting the public to significant costs associated with the transfer. The policy has been modified based upon discussions at the April Council Work Session. The changes remove the previous requirement relating to maintenance in non-traditional methods because of other private street locations. An additional requirement was added that the City will only consider taking over a private street in a neighborhood that provides access to single family detached housing. Staff supports adoption of a policy as we have over the years fielded questions about the City taking over private streets. The vast majority of the private streets in town are in neighborhoods where there are attached residential products and the Homeowners Association (HOA) is in place for a variety of maintenance related reasons. Often maintenance and upkeep of the private road is just one of the purposes of the HOA and therefore the HOA would still be in effect and dues paid for other neighborhood upkeep. Other criteria, beside the requirement about single family housing units also means that most, if not all current private roads in the City, would be poor candidates for future public take over. RECOMMENDATION Motion to Adopt the Policy CITY OF ROSEMOUNT POLICY RELATING TO ACCEPTING PRIVATE STREETS INTO CITY STREET SYSTEM Purpose The City Council of the City of Rosemount (City) desires to establish its position on considering the acceptance of existing private streets into the City street system. Background The City has several miles of privately owned streets for which the City provides no maintenance services. Periodically, the private street associations (HOAs), inquire about the possibility of having the City assume ownership and ongoing maintenance of their private streets. This policy defines the conditions under which the City Council will consider accepting private streets into the City system. Policy 1.To be considered for acceptance by the City as a Public street, the private street must meet the following minimum requirements: a)Basic Requirements a)Accepting the streets must serve a public purpose. b)The private street must be accessible from an adjoining public street. c)The private street must be capable of allowing for City maintenance activities to occur without the necessity of operating maintenance equipment on other private streets or in non-standard methods, such as having to back up a plow truck to avoid traveling on to a private street d)c)Each adjacent dwelling unit must be on its own legal parcel or have a separate property identification number (PIN). e)d)The private street was approved as part of the City subdivision approval process. Driveways or common drives will not be considered as private streets. f)e)The minimum right-of-way required to be established and dedicated to the City is 60 feet centered over the street f)Structure setback must meet the ordinance required setbacks; the City will not grant variances to properties that do not meet the ordinance requirements. In traditional single family districts the setback is 30 feet from the right of way line. g)The private street must serve single family detached housing. b)Design Requirements a)The private street must have a minimum width of 32 feet in single family residential areas and 28 feet in multifamily areas b)The private street must be constructed with pavement and subgrade sections equivalent to the current city design standard, that bei material. c)The pavement condition of the private street must have a Pavement Condition Index (PCI) of 75 or greater as determined by the City Engineer d)Sidewalks must be in place according to city standard. e) f)Private storm sewer serving the public street, including ponds will need to be in compliance with city standards. 2.An agreement, provided by the City and in the format, must be approved by the majority percentage specified in association documents to give public ownership or easement, The agreement must include all private streets which are the responsibility of an HOA. A copy of the agreement is attached hereto and made a part of this policy. 3. Upon receipt of the agreement, the City will perform an Basic Engineering Study on the private streets, examining the private street under consideration for conformance with the policy stated Basic Rminimum requirements, and identifying condition, maintenance, and safety issues. The cost of the Basic Engineering Study shall be the responsibility if the HOA. 4. If the Basic Engineering Study indicates that the Private streets cannot meet the Basic requirements due to ROW or setback issues, the analysis will be suspended and the private street will be deemed not suitable for acceptance. 5. If the Basic Engineering Study indicates that the private streets meet all of the basic requirements, a Design Engineering Study will proceed to examine the details of the existing design. This will include a review of the original and as-build construction documents, site surveying and measurements and subsurface geotechnical investigations, and pavement condition analysis as required by the City Engineer. The cost of the Basic Design Engineering Study shall be the responsibility if the HOA 6. If the Design Engineering Study indicates that the Private streets meet all of the Ddesign requirements the private street can be considered for Final acceptance. 7. If the Design Engineering Study indicates that the private street cannot meet the Ddesign requirements, the private street will require reconstruction prior to acceptance. The street can be considered for Preliminary acceptance at this time. 8. At the time of preliminary acceptance of the private street into the City system, the type of reconstruction project to be administered shall be determined as follow: a. For Streets requiring reconstruction a Mill and Overlay due to PCI less than 75 and greater than 35, but meeting all other Design Requirements, a) The street must be milled and overlayed according to the specification of the City Engineer b) The Homeowners pay 100% of the total cost of the mill and overlay project; b. For Streets requiring reconstruction due to a PCI rating less than 35, an inadequate street width, or pavement and subgrade section not equivalent or greater than the city standards, or any other upgrades necessary to meet city design standards, a) The street must be completely reconstructed on order to achieve all required City Design Requirements b) The Homeowners pay 100% of the total Reconstruction project cost 9. The HOA must, by the vote as specified in the HOA documents, grant an easement or fee title for the right-of-way without cost to the City, free and clear of any encumbrances. 10. When accepting a private street as a public street, no special consideration for maintenance ( i.e. snow removal), will be given priority over public street maintenance policies and procedures. 11. The City Council' s final action to accept a private street as a public street shall be a combined action including: a) Accepting the easements or right of way dedication b) Adopting the assessments for street and utility reconstruction. c) Accepting the street. d) Awarding a contract for street and utility reconstruction. 12. The final action will occur after all required public hearings for assessments with notification to property owners. CITY OF ROSEMOUNT POLICY RELATING TO ACCEPTING PRIVATE STREETS INTO CITY STREET SYSTEM Purpose The City Council of the City of Rosemount (City) desires to establish its position on considering the acceptance of existing private streets into the City street system. Background The City has several miles of privately owned streets for which the City provides no maintenance services. Periodically, the private street associations (HOAs), inquire about the possibility of having the City assume ownership and ongoing maintenance of their private streets. This policy defines the conditions under which the City Council will consider accepting private streets into the City system. Policy 1.To be considered for acceptance by the City as a Public street, the private street must meet the following minimum requirements: a)Basic Requirements a)Accepting the streets must serve a public purpose. b)The private street must be accessible from an adjoining public street. c)Each adjacent dwelling unit must be on its own legal parcel or have a separate property identification number (PIN). d)The private street was approved as part of the City subdivision approval process. Driveways or common drives will not be considered as private streets. e)The minimum right-of-way required to be established and dedicated to the City is 60 feet centered over the street f)Structure setback must meet the ordinance required setbacks; the City will not grant variances to properties that do not meet the ordinance requirements. In traditional single family districts the setback is 30 feet from the right of way line. g)The private street must serve single family detached housing. b)Design Requirements a)The private street must have a minimum width of 32 feet in single family residential areas and 28 feet in multifamily areas b)The private street must be constructed with pavement and subgrade sections equivalent to the current city design standard, that bei material. c)The pavement condition of the private street must have a Pavement Condition Index (PCI) of 75 or greater as determined by the City Engineer d)Sidewalks must be in place according to city standard. e) f)Private storm sewer serving the public street, including ponds will need to be in compliance with city standards. 2.An agreement, provided by the City and in the format, must be approved by the majority percentage specified in association documents to give public ownership or easement. The agreement must include all private streets which are the responsibility of an HOA. A copy of the agreement is attached hereto and made a part of this policy. 3.Upon receipt of the agreement, the City will perform an Basic Engineering Study on the private streets, examining the private street under consideration for conformance with the policy stated Basic Requirements, and identifying condition, maintenance, and safety issues. The cost of the Basic Engineering Study shall be the responsibility if the HOA. 4. If the Basic Engineering Study indicates that the Private streets cannot meet the Basic requirements due to ROW or setback issues, the analysis will be suspended and the private street will be deemed not suitable for acceptance. 5. If the Basic Engineering Study indicates that the private streets meet all of the basic requirements, a Design Engineering Study will proceed to examine the details of the existing design. This will include a review of the original and as-build construction documents, site surveying and measurements and subsurface geotechnical investigations, and pavement condition analysis as required by the City Engineer. The cost of the Design Engineering Study shall be the responsibility if the HOA 6. If the Design Engineering Study indicates that the Private streets meet all of the Design requirements the private street can be considered for Final acceptance. 7. If the Design Engineering Study indicates that the private street cannot meet the Design requirements, the private street will require reconstruction prior to acceptance. The street can be considered for Preliminary acceptance at this time. 8. At the time of preliminary acceptance of the private street into the City system, the type of reconstruction project to be administered shall be determined as follow: a. For Streets requiring a Mill and Overlay due to PCI less than 75 and greater than 35, but meeting all other Design Requirements, a) The street must be milled and overlayed according to the specification of the City Engineer b) The Homeowners pay 100% of the total cost of the mill and overlay project; b. For Streets requiring reconstruction due to a PCI rating less than 35, an inadequate street width, pavement and subgrade section not equivalent or greater than the city standards, or any other upgrades necessary to meet city design standards, a) The street must be completely reconstructed on order to achieve all required City Design Requirements b) The Homeowners pay 100% of the total Reconstruction project cost 9. The HOA must, by the vote as specified in the HOA documents, grant an easement or fee title for the right-of-way without cost to the City, free and clear of any encumbrances. 10. When accepting a private street as a public street, no special consideration for maintenance ( i.e. snow removal), will be given priority over public street maintenance policies and procedures. 11. The City Council' s final action to accept a private street as a public street shall be a combined action including: a) Accepting the easements or right of way dedication b) Adopting the assessments for street and utility reconstruction. c) Accepting the street. d) Awarding a contract for street and utility reconstruction. 12. The final action will occur after all required public hearings for assessments with notification to property owners. Excerpt from the April 11, 2016 City Council Work Session Minutes 2.b. Private Streets Policy Community Development Director Lindquist gave a brief overview on earlier discussions regarding a Private Streets Policy, which outlines the process through which City could take ownership of a . There is one neighborhood that is interested, depending on what the final policy decision is. Staff had drafted the policy last year that outlines various standards for road construction, requirements for right-of-ways, etc., but the policy has not yet been adopted. Staff again is asking whether the Council would like to adopt the policy as drafted, adopt the policy with amendments, or continue without a policy. Council members and staff discussed the difficulties of maintaining roads that do not meet the conditions outlined in the draft policy, the costs of implementing the policy, and which streets in the city might qualify. The policy states that all expenses would be picked up by the homeowners who make the request. Ms. Lindquist stated that the City gets a number of this type of request. Council member Nelson stated he would want the policy to state it is only allowed for single-family homes. Council member DeBettignies asked if the streets had been graded by staff to gauge to their condition. Mr. Wrase stated that according to the road plans, they are built to City standards, but they have not been graded. Mr. Wrase stated that the roads are only 10 years old. A resident of Westport neighborhood stated they had been seal-coated recently. Another resident of Westport noted the roads have very little traffic and the neighborhood has a single refuse hauler. Council members were generally supportive of the policy with modifications; including single family home requirement and language to resolve road-throughput issue at Westport. Staff will bring a modified policy to the Council in early May.